Part 11: Part 11: Work-Related Injuries and Compensation
Article 49 - Work related injuries(1) If an
Employeedies while performing his work or as a result of his work or sustains a work-related injury, the Employeror his representative shall immediately notify the Employment Standards Officeof the incident, who shall inform the police of the State.(2) The notification shall include the name, age, profession, address and nationality of the Employeeand a brief description of the incident, where it took place and the actions taken for rescue or treatment.(3) The police shall upon receipt of the information launch an investigation and shall include in their report statements of the witnesses and the Employeror his representative and the statement of the injured Employeeif his condition so permits and the report shall explain the relationship of the incident to the work.(4) The police shall upon completion of the investigation send a copy of the report and its findings to the Employment Standards Officeand a copy to the Employer. The Employment Standards Officemay request that further investigation be carried out by the police or may initiate its own investigation if it deems it necessary.
Article 50 - Treatment of work related injuries
Employeewho sustains a work-related injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the Employeras prescribed by the competent medical authority.
Article 51 - Compensation for work related injuries(1) Where an
Employeesustains an employment injury, or dies as a result of an employment accident or contracts an occupational disease, the Employershall pay compensation in the manner prescribed in rules, policies or orders issued under these Regulations.(2) Any disputes involving such payments shall be reviewed by the Employment Standards Officeand any final determination by the Employment Standards Officemay be appealed to the Regulatory Tribunal. Amended by QFC Reg 2012-1 (as from 11th April 2012)
Article 52 - Exceptions
The provisions of the preceding two (2) Articles shall not apply if any of the following can be demonstrated:(1) the
Employeeintended to injure himself;(2) the Employeewas at the time of occurrence of the injury or death under the influence of an illegal drug or alcohol and that influence was a cause of the injury or death;(3) the Employeeviolated the safety instructions of the Employeror was grossly negligent in the carrying out of these instructions and such violations or negligence were the cause of the injury; or(4) the Employeerefuses without a genuine reason to undergo medical tests or follow the medical treatment prescribed by the competent medical authority.
Article 53 - Resolution of disputes
Any dispute between the
Employeeand the Employeras to the ability of the Employeeto resume his work or as to any other medical matter related to the injury or disease or the treatment prescribed or the extent of compensation shall be reviewed by the Employment Standards Officeand any final determination by the Employment Standards Officemay be appealed to the Regulatory Tribunal. Amended by QFC Reg 2012-1 (as from 11th April 2012)
Article 54 - Limitation period
The right of the
Employeeto claim compensation for disability or death shall expire one (1) year from the date of the medical report confirming the disability resulting from the injury or from the date of the death of the Employee.